A person born abroad through Assisted Reproductive Technology (ART) to a U.S. citizen gestational mother who is not also the genetic mother acquires U.S. citizenship at birth under ​INA 301​ or ​INA 309​ if:​

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•The person’s gestational mother is recognized by the relevant jurisdiction as the child’s legal parent at the time of the person’s birth; and​​

•A blood relationship between the child and the father is established by clear and convincing evidence;​

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•The child’s father was a U.S. citizen at the time of the child’s birth; ​

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•The child’s father (unless deceased) has agreed in writing to provide financial support for the child until the child reaches 18 years of age; and​

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•One of the following criteria is met before the child reaches 18 years of age:​​

•The child is legitimated under the law of his or her residence or domicile;​​

•The father acknowledges in writing and under oath the paternity of the child; or​​

•The paternity of the child is established by adjudication of a competent court.​

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In addition, the residence or physical presence requirements contained in the relevant paragraph of INA 301 continue to apply to children born out of wedlock claiming citizenship through their fathers.​

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Child of a U.S. Citizen Mother ​

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A child born out of wedlock outside of the United States and its outlying possessions acquires citizenship at birth if:​

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•The child was born after December 23, 1952;​​

•The child’s mother was a U.S. citizen at the time of the child’s birth; and​​

•The child’s U.S. citizen mother was physically present in the United States or outlying possession for one continuous year prior to the child’s birth.​
[13]
See INA 309(c).

A person ​born abroad ​who ​acquires​ ​U.S. ​citizenship ​at birth ​is not required to file an Application for Certificate of Citizenship (​Form N-600​). A person who seeks documentation of such status, however, must submit an application to obtain a Certificate of Citizenship from USCIS. A person may also apply for a U.S. Passport with the Department of State to serve as evidence of his or her U.S. citizenship​.​
[14]
See 8 CFR 341.1.

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A person who is at least 18 years of age may submit the Application for Certificate of Citizenship on his or her own behalf. If the application is for a child who has not reached 18 years of age, the child's ​U.S.​ citizen ​parent or ​legal guardian must submit the application.​
[15]
See 8 CFR 341.1.

E. Citizenship Interview and Waiver​

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In general, an applicant must appear in person for an interview before a USCIS officer after filing an Application for Certificate of Citizenship. This includes the ​U.S.​ citizen parent or​ legal ​guardian​ if the application is filed on behalf of a child under 18 years of age.​
[17]
See 8 CFR 341.2(a)(2). USCIS, however, may waive the interview requirement if all the required documentation necessary to establish the applicant's eligibility is already included in USCIS administrative records​,​ or if the ​application is accompanied by one of the following:​

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•Department of State Form FS​-​240 (​Consular ​Report of Birth Abroad of a ​U.S. ​Citizen​)​;​​

However, the INA permits USCIS to waive the taking of the Oath of Allegiance if USCIS determines the person is unable to understand its meaning.​
[20]
See INA 337(a). See 8 CFR 341.5(b). USCIS has determined that children under the age of 14 are generally unable to understand the meaning of the oath. ​

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Accordingly, USCIS waives the oath requirement for a child younger than 14 years of age. If USCIS waives the oath requirement, USCIS issues a Certificate of Citizenship after the officer approves the application.​

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2. Denial of Application​

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If an officer denies the Certificate of Citizenship application, the officer must notify the applicant in writing of the reasons for denial and include information on the right to appeal in the notice.​
[21]
See 8 CFR 341.5(d) and 8 CFR 103.3(a). An applicant may file an appeal within 30 calendar days after service of the decision (33 days if the decision was mailed).​

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Footnotes

​ See ​INA 301(a)​ and ​INA 301(b)​. Children of certain diplomats who are born in the United States are not U.S. citizens at birth because they are not subject to the jurisdiction of the United States. See ​8 CFR 101.3​.​

​ The Act of October 10, 1978, Pub. L. 95-432, repealed the retention requirements of former INA 301(b). The amending legislation was prospective only and did not restore citizenship to anyone who, prior to its enactment, had lost citizenship for failing to meet the retention requirements.​